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Canonical Disputes, Resignation or Dismissal from Membership, Schisms, Secession and the Declaration of Independence

HH166-09 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: HLATSHWAYO J

In HC 4327/08, Diocesan Trustees for the Diocese of Harare v Church of the Province of Central Africa, the applicant seeks the following order –“It is ordered that:1. The following persons be and are hereby declared the Diocesan Trustees of the Diocese of Harare:(i) Bishop Dr. Nolbert Kunonga.(ii) Mr. Beavan Michael Gundu.(iii) Mr. Justin M. Nyazika.(iv) Mr. P.Majokwere.(v) Mr. Onias ...
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HH166-09 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: HLATSHWAYO J

In a letter dated 21 September 2007, addressed to the Archbishop and Primate of the Church of the Province of Central Africa,..., Dr. Nolbert Kunonga, in his capacity as Bishop of the Diocese of Harare, had written concerning the formal withdrawal of the Diocese of Harare from the Church of the Province of Central Africa ...
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HH40-10 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA and BISHOP CHAD GANDIA
Ruled By: BHUNU J

All the parties in this case claim to be members of the Anglican Church but belonging to rival factions. They are, however, engaged in vicious court battles concerning their legitimacy and entitlement to Church property. On 24 July 2009 the applicant obtained a provisional order against the first respondent from HLATSHWAYO J under case number ...
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HH70-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and ALEX & WEBB REALITY and THE REGISTRAR OF DEEDS
Ruled By: UCHENA J

The applicant is the Church of the Province of Central Africa, and is responsible for the affairs of the Anglican Church in Central Africa. The first respondent is its Bishop for Manicaland with whom it has pending cases before the courts for the determination of whether or not he is still its Bishop.The first respondent ...
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HH73-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and F MATAMBANADZO and J D NYAMUNDA and EIGHT OTHERS
Ruled By: MAKARAU JP

It is but a skirmish in the battle of suits, applications and counter-applications that the two factions of the “Anglicans” have brought against each other before this court; a spate of litigation that is now assuming nuisance value.
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HH80-10 : BISHOP ELSON MADODA JAKAZI and BOARD OF TRUSTEES, ANGLICAN DIOCESE OF THE PROVINCE OF CENTRAL AFRICA vs THE ANGLICAN CHURCH and REV. JOSEPH CHIPUNDLA and REV. RALPH PETER HATENDI
Ruled By: BHUNU J

The applicant, in his founding affidavit, states that he is a duly consecrated and enthroned Bishop currently heading the Anglican Diocese of Manicaland. The second applicant is the Anglican Board of Trustees for the Diocese of Manicaland, whereas the first respondent is the Church of the Province of Central Africa. On 23 September 2007, the Rt. Reverent ...
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HH80-10 : BISHOP ELSON MADODA JAKAZI and BOARD OF TRUSTEES, ANGLICAN DIOCESE OF THE PROVINCE OF CENTRAL AFRICA vs THE ANGLICAN CHURCH and REV. JOSEPH CHIPUNDLA and REV. RALPH PETER HATENDI
Ruled By: BHUNU J

It is an established rule that resignation is a unilateral, voluntary act which takes effect as soon as the resignation has been communicated to the correct person or authority. In the case of Mazengi v Standard Chartered Bank Anor (2) ZLR 137 this court held that a letter of resignation constitutes a final ...
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HH91-10 : REVEREND R. J. SIBANDA and APOSTOLIC FAITH CHURCH vs MAGISTRATE RODNEY MZYECE N. O. and NCN MATIZA and K. BOSHA and O. GUMBO and THREE OTHERS
Ruled By: KARWI J

The first applicant and the respondents are engaged in a bitter battle for the control of the second applicant. As often happens in such issues, the dispute unfortunately spills into our courts. The parties have been engaged in litigation of all sorts since 2005.
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HH92-10 : MUDZIMUUNOERA APOSTOLIC CHURCH BOARD OF TRUSTEES vs MUDZIMUUNOERA APOSTOLIC CHURCH –GURUVE DIVISION and THE DEPUTY SHERIFF-MT DARWIN
Ruled By: MAKARAU JP

After hearing submissions from counsel, I dismissed the above application and indicated that my reasons would follow. I now set them out. On 28 April 2010 this court issued an order barring the applicants from interfering with the first respondent's worshipping at a farm in Mazowe. The order also specifically granted the first respondent access to ...
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SC10-13 : BISHOP ELSON JAKAZI and THE BOARD OF TRUSTEES ANGLICAN DIOCESE OF MANICALAND vs ANGLICAN CHURCH CENTRAL AFRICA and REVEREND JOSEPH CHIPUDHLA and RIGHT REVEREND RALPH PETER HATENDI
Ruled By: ZIYAMBI JA

The facts of the matter are these. On 23 September 2007, the first applicant, who was then a Bishop of the Anglican Church of the Province of Central Africa, the first respondent in this matter, and Head of the Diocese of Manicaland, addressed a letter to the Archbishop of the first respondent, and the Bishop of ...
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HB97-16 : REVEREND CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA vs CHARLES NHANGA and MTHANDAZI SIBANDA and TEDDY NDLOVU and OSCAR NDLOVU and OTHERS
Ruled By: MOYO J

The applicants in this matter are the purported Bishop of a church together with the Church as the second applicant. The order sought is temporary relief as follows: 1. The respondents and their agents are ordered to vacate the applicant's Temple at Number 5563 Mkosana Township, Victoria Falls. 2. The respondents are ordered to surrender the control and use ...
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HH458-15 : THE EVANGELICAL CHURCH OF ZIMBABWE vs REVEREND DOCTOR ISAAC SODA
Ruled By: MATHONSI J

This is a church dispute gone awry in which the respondent was elected Bishop of the applicant in an election conducted on 21 March 2015 whose process and outcome has been disputed by other members of the church who say they are the majority. They have, by resolution passed at an extraordinary general conference held ...
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HB136-16 : ZAMBUKO APOSTOLIC CHURCH and ONISIMUS TAKAVADIYI vs EUNICE MLAUZI and CITY OF BULAWAYO
Ruled By: MATHONSI J

After hearing arguments in this matter, I granted an order confirming the provisional order issued by this court on 17 February 2015 and said the reasons for doing so would follow. These are they. The first applicant is a common law universitas constituted in terms of a Constitution for the purpose, inter alia, of fellowship among its members. ...
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HH470-14 : GUTA RAMWARI vs CHARLES WADUKA and TAPIWA ZINGWE and MARSHALL DHLIWAYO
Ruled By: MATHONSI J

When matters religious end up in court with congregants at each other's throats you know something is badly wrong; for, as someone once said, religion is the opium of man. In this church dispute, the parties are fighting over the control of a church building situated at Stand 8583 Glen Norah Township, Harare (“the church”) which is ...
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Appealed
SC49-18 : RICHARD SIBANDA and JONAH MUDONDO and L. D. MATEZA vs THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) INC.
Ruled By: GOWORA JA, HLATSHWAYO JA and UCHENA AJA

This is an appeal against the whole judgment of the High Court of Zimbabwe dated 20 May 2015.The order sought to be impugned reads as follows:“IT IS DECLARED THAT,1. 1st, 2nd, 3rd and 4th Respondents are no longer members of Applicant and have lost all rights to fellowship under applicant or to make use of any of its properties or amenities ...
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Appealed
SC49-18 : RICHARD SIBANDA and JONAH MUDONDO and L. D. MATEZA vs THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) INC.
Ruled By: GOWORA JA, HLATSHWAYO JA and UCHENA AJA

But how are the church property disputes to be resolved? The Independent African Church v Maheya 1998 (1) ZLR 552 (H) case provides some useful indications. Quoting several USA Supreme court cases, the learned judge in that case teases out a number of useful principles. From the case of Watson v Jones 80 US (13 Wall) 679 ...
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HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

The battle for the control of the Apostolic Faith Mission of Portland (Southern African Headquarters) Inc. rages on. The parties have, for years, been embroiled over control of the applicant. A grim schism has occurred in the church. With no resolution in sight, the dispute has spattered into the courts. The brief background to this dispute goes ...
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HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

I now turn to the merits of this application. Prior to this letter, the relationship between the first respondent and the Parent Church had been acrimonious. The long-standing dispute started with the uniform saga. It was followed by the first respondent's dismissal in 2005; the long feud involving litigation over the first respondent's dismissal as Overseer and ...
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

There are two appeals against judgments of the High Court. The first decision appealed against is in Case No. HC4327/08 whilst the second appeal is against the judgment in Case No. HC6544/07. Both decisions were made by the same judge. At the centre of the dispute in each case is the question whether those people who had ...
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

The first question to be determined is whether the learned judge correctly found, as proved, that Dr Kunonga and his followers did not withdraw their membership from the Church on 21 September 2007. In the face of the documents, and evidence of the words and actions of Dr Kunonga and his adherents the court is unable ...
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

The second question is whether these facts show that Dr Kunonga resigned his office as Diocesan Bishop of Harare in the Appellant Church. The court holds that they do. The reasons for the decision are these: According to Article 4 of the Constitution and Canons of the Church, a vacancy in the office of a Bishop ...
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

The final question is whether Dr Kunonga and others remained members of the Board of Trustees of the Diocese of Harare, entitled to the control of the property of the Church. The court holds that they did not. The reasons for the decision are these: It is clear from the evidence, that, once Dr Kunonga and his followers left ...
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HH142-15 : PASTOR DAVIAS MBURUMA vs UNITED APOSTOLIC FAITH CHURCH (UAFC) and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

In HC7281/12 the applicant was sued by the first respondent for eviction from church premises located at Stand 5488-77th Crescent, Glen View, Harare and related relief on the basis that he had joined another church organisation but continued to collect tithe from the congregation which he converts to his own use. The applicant contested the suit ...
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HB189-18 : CLAUDIUS MANAMELA and BRIGHTON NANGA and SIBONGILE MANAMELA vs ROSEWELL ZULU and APOSTOLIC FAITH MISSION OF AFRICA INTL and CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: MABHIKWA J

On 30 January 2018, the applicants caused to issue legal proceedings, an application, out of this Honourable Court –“In the High Court of Zimbabwe, held in Bulawayo. The applicant sought an order that it be declared that:(1) That the President of the Apostolic Faith Mission of Africa International is Reverend ...
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SC16-22 : CHURCH OF GOD OF PROPHECY(INTERNATIONAL) vs CHURCH OF GOD PROPHECY AND OTHERS
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE JA

This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare which dismissed the appellant's application for joinder as the fourteenth defendant on 16 January 2020 under case number HC3499/14 (the main case).At the close of submissions by counsel we dismissed the ...
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SC67-21 : COSSAM CHIANGWA and OTHERS vs APOSTOLIC FAITH MISSION IN ZIMBABWE and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and KUDYA AJA

This is an appeal against the entire judgment of the High Court, dated 4 September 2019, in which the court a quo granted a declaratur and consequential relief sought by the respondents against the appellants and dismissed the application for a declaratur sought by the appellants against the respondents.The order ...
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SC116-21 : ALFRED MWAZHA and OTHERS vs ERNEST MHAMBARE
Ruled By: MAVANGIRA JA, UCHENA JA and CHIWESHE JA

This is an appeal against the whole judgment of the High Court sitting at Harare granting a declaratur in favour of the respondent.The judgment appealed against set aside the nomination of the first appellant (Alfred Mwazha) as successor to the Archbishop Ernest Paul Mamvura Mwazha, the head of the tenth ...
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HB29-17 : CLAUDIOUS MANAMELA and BRIGHTON NANGA and SAZIWE DUBE and ENOCK MARUME vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER ON CHARGE NJUBE POLICE STATION and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: KAMOCHA J

The interim relief sought in this matter was couched in the following fashion:“Pending determination of this matter, the applicant (sic) is granted the following relief:1. All 3rd respondent members are interdicted from barring or blocking any other church member from entering the 3rd respondent premises wherever situated.2. All 3rd respondent ...
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